Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants motion for summary judgment dismissing the complaint ( see generally, Hollinger v. Chestnut Ridge Racquet Corp., 227 A.D.2d 380). Contrary to the plaintiff's contention, the defendants motion for summary judgment was timely (see, CPLR 3212 [a]; Phoenix Garden Rest. v. Chu, 245 A.D.2d 164; Auger v. State of New York, 236 A.D.2d 177).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.